Many auctioneers attempt to disclaim anything they say and imply, and we’ve noted that auctioneers cannot successfully disclaim...

During wars, planes would fly into battle, with unfortunately only some returning home. Those that did return might have bullet holes as...

No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...

My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v....

There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...

I read it, and then I read it again and yes, the claim is “Auctioneer has the right to do whatever the [heck] she or he wants to. ...

Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...

I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...

As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking for the “one...

Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...

I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. As most of you...

As a frequent auction expert witness, we’ve been privy to some others’ thoughts on suing auctioneers, sellers, and buyers which would...

Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...

People threaten to sue all the time. In the auction business — and much less frequently — people threaten to sue auctioneers;...

I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A follow-up in the minds of auctioneers might...

One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we have to have all bidders...

Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times as such and today...

As one who’s worked with attorneys all over the United States as an expert witness, I’ve personally experienced these various roles and...

As we get phone calls and emails from attorneys all over the United States, asking if we can be of assistance in litigation, sometimes,...

Yet, we don’t have to be. The law (apparently) lets us auctioneers disclaim everything (possibly not expressed warranties) but what are...